Lawyer for small Marion County Report claims officers secretly copied Kansas’ newspaper information after raid the place proprietor Joan Meyer died the following day

Police who raided a Kansas newspaper workplace secretly copied information on to an exterior onerous drive after which didn’t disclose the transfer, a lawyer for the Marion County Report has claimed.  

Bernie Rhodes, an legal professional for the Kansas newspaper, claimed police allegedly didn’t embody the onerous drive on the checklist of proof recorded from the raid. 

On Tuesday, Marion County District Court docket launched the checklist of things seized throughout the raid, which included the onerous drive. 

In a letter Rhodes despatched to legal professional Bradley Jantz, who was employed to supply authorized counsel for the county after the August 11 raid, Rhodes wrote: 

‘As a result of that drive continues to be within the sheriff’s workplace’s custody, which means the sheriff nonetheless has entry to the Marion County Report’s information – information that’s each constitutionally protected and guarded by federal and state regulation.’

The newspaper’s proprietor, Joan Meyer, died a day after the raid and video showed her screaming at police once they searched her dwelling, a day earlier than her passing.  

Eric Meyer stands outdoors the Marion County Report’s workplace, which was additionally raided 

Joan Meyer, 98, collapsed and died following the extraordinary stress and grief she felt when her dwelling was raided by the whole thing of the Marion Police Division in Kansas – headed by Gideon Cody

‘This entry is unlawful. It additionally clearly violates the District Court docket’s August 16, 2023, Order.’

‘With the intention to ensure that they really adjust to this order, in contrast to the final order, we’re making them conform to a proper courtroom order,’ Rhodes instructed the  Kansas Reflector. 

The Marion County Sheriff’s Workplace agreed Thursday to destroy the digital recordsdata. 

Rhodes claimed the sheriff’s workplace denied sharing the copied recordsdata with the Kansas Bureau of Investigation. 

‘We now have not and won’t study something from these warrants,’ mentioned Melissa Underwood, a spokeswoman for the KBI to the Kansas Reflector.

Rhodes instructed The Daily Beast the Marion County Sheriff’s Workplace ‘confirmed the actual fact they copied 17 Gigs of knowledge from the newsroom laptop system—and so they nonetheless have it.’

He mentioned whereas bodily proof was returned, the sheriff’s workplace didn’t hand over digital information from one of many computer systems they allegedly copied. 

The legal professional added for the reason that sheriff’s workplace nonetheless has possession over the onerous drive, they’ve entry to the newspaper’s information, which ‘is each constitutionally-protected and guarded by federal and state regulation.’ 

‘This entry is unlawful,’ Rhodes instructed the Day by day Beast. ‘The Sheriff’s failure to adjust to the District Court docket’s order is inexcusable, and I can’t stand by and wait so that you can select to return my many calls.’ 

The raid on local newspaper Marion County Report’s aged co-owner’s dwelling was sparked by Ryan Newell – the estranged husband of the restaurant proprietor who leaked her DUI info.

The paper didn’t publish the knowledge they discovered about restauranteur Kari Newell, as a result of they believed they have been getting used ‘as a pawn in a contentious divorce’ between her and Ryan.

As a substitute, they handed the knowledge over to the police. The identical officers then seized their computer systems and tools, then raided the newspaper’s house owners’ dwelling on August 11 – and Joan Meyer, 98, died a day later following the shock.

Unredacted affidavits state that Marion Police Chief Gideon Cody mentioned the raids have been based mostly on the assumption that reporter Phyllis Zorn unlawfully obtained the driving information of Kari Newell, in line with CNN.

The tip about Newell’s DUI was despatched to Zorn by a girl referred to as Pam Maag. Maag mentioned she acquired the information from Kari’s estranged husband, Ryan. 

Within the new video – launched by the Marion County Report – the lady at one level rolls her walker proper as much as an officer and calls for he wait outdoors

She even makes an attempt to cease the lads and refuses to reply their questions, replying ‘I am not going to let you know’ when requested what number of computer systems she has

The search warrant that triggered the raids within the id theft investigation was later withdrawn by county legal professional Joel Ensey- since there was ‘inadequate proof’ to justify why it was issued within the first place.

The driving file that triggered this ordeal is believed to point out Kari Newell drove and not using a legitimate license after receiving a quotation for driving below the affect in 2008.

She was attempting to get a liquor license for her restaurant Chef’s Plate at Parlour 1886 – and data on her DUI could have blocked her from doing so.

Kari and Ryan Newell separated in September, and their divorce proceedings are nonetheless ongoing.

This isn’t the primary time Ryan has been within the headlines. He was as soon as charged with 5 misdemeanors for stalking and legal use of a firearm towards a Westboro Baptist Church household. He’s additionally a double amputee after shedding his limbs in Afghanistan.

Talking concerning the info, Ryan instructed the Kansas Metropolis Star: ‘None of this was accomplished out of malice.

‘If she obtained right into a wreck and had a suspended driver’s license, I’m the one that may be on the hook for it. My insurance coverage firm wouldn’t cowl something, interval.’

In response to the affidavit, Zorn downloaded Newell’s private information simply three minutes earlier than somebody utilizing the identify ‘Kari Newell’ downloaded the information.

This served as the idea for the probe and the raid, Cody mentioned, as a result of it appeared that ‘downloading the doc concerned both impersonating the sufferer or mendacity concerning the explanation why the file was being sought.’

Rhodes mentioned: ‘It isn’t against the law in America to be a reporter. These affidavits show that the one so-called ‘crime’ Chief Cody was investigating was being a reporter.’

Writer and editor Meyer mentioned Zorn really contacted the Division of Income earlier than her on-line search and was instructed the right way to search information.

The reporter, requested to reply to the allegations that she used Newell’s identify to acquire Newell’s private info, mentioned, ‘My response is I went to a Kansas Division of Income web site and that is the place I obtained the knowledge.’

She added: ‘To not my data was something unlawful or fallacious.’

Rhodes claimed Zorn’s actions have been authorized below each state and federal legal guidelines.

Utilizing the topic’s identify ‘shouldn’t be id theft,’ Rhodes mentioned. ‘That is simply the best way of accessing that particular person’s file.’

The newspaper had Newell’s driver’s license quantity and date of delivery as a result of a supply – Pam Maag – supplied it, unsolicited, Meyer mentioned.

Pam Maag, who’s Ryan Newell’s good friend, was the one that ship Kari’s DUI info to the newspaper

Kari Newell and her estranged husband Ryan Newell. Ryan (proper) ship details about Kari’s 2008 DUI to a girl named Pam Maag, who then contacted the Marion County Report reporter

‘Do not you contact any of that stuff,’ the Marion County Report co-owner instructed cops within the newly launched footage as she moved round her dwelling with a walker. ‘That is my home. You a*****e!’

Joan’s son Eric Meyer has asserted that his mom, a lifelong journalist, died the day after the raid from being ‘traumatized’ by the incident.

No less than six officers are seen looking out Joan’s dwelling and sorting her belongings as she repeatedly tells them to depart.

‘I do not need you in my home,’ she says.

Within the video – launched by the Marion County Report – the lady at one level rolls her walker proper as much as an officer and calls for he waits outdoors.

‘Did your mom ever love you,’ Joan asks the cop within the video, which amassed greater than 23,000 views in a matter of hours.

‘Get out of my home. You are trespassing,’ she says to the person.

Two officers try to speak the lady down for the primary minute of the video launched by the newspaper whereas the 4 others proceed the search.

She even makes an attempt to cease the lads and refuses to reply their questions, replying ‘I am not going to let you know’ when requested what number of computer systems she has.

‘I wish to see what they’re doing,’ Joan says as she makes an attempt to make her manner across the sofa to see what the officers are .

The interaction with police inside her own residence was so upsetting that she died the following day whereas in the midst of a dialog.

Through the ordeal, it emerged that police chief Cody was additionally being investigated by the newspaper he raided over allegations of sexual misconduct.

Cody grew to become chief of the Marion County Police Division in late April, after leaving the Kansas Metropolis police amid allegations of sexual misconduct.

Together with the raid on the Meyer residence and the newspaper workplaces being raided, Marion Metropolis Vice Mayor Ruth Herbel’s dwelling was additionally pillaged after Newell made a private fiery assault on her in public final Monday.

Through the council assembly on August 7 – 4 days earlier than the raids – Newell stood up and accused the newspaper and Herbel of illegally acquiring details about her DUI arrest.

Clips present the assembly descended into chaos – with folks talking over each other, arms slamming on desks, and individuals being surprised by Newell’s incendiary accusations.